Beverly Ann Moore, age 15, died after an abortion performed July 11, 1975 by Tucky Hayes.
A woman identified as Jennifer said she was very conflicted over her decision to abort. Staff at Chattanoooga Women's Clinic would not let her view her ultrasound because clinic policy forbade it. Jennifer was not spoken to by name at the clinic but was told to answer to "Lime 5." Jennifer perceived no staff available to answer her questions.
According to her lawsuit, "Plaintiff was herded together with a number of other women into a room and told that she would experience cramping after the procedure and minimal bleeding.... Plaintiff was treated in an assembly line fashion and was placed in a room with 20 or more women."
Jennifer was not given copies of consent form that she signed, and "was never advised about potential complications...in terms that she could understand." The state-mandated 48-hour waiting period was not observed. Dr. Ed Perry appeared to perform the abortion "with his shirt unbuttoned, with his chest hair exposed." "During the abortion procedure, Ed Perry continued to use profanity and repeatedly used the word 'fu__.'"
Jennifer's suit also noted, "Perry appeared to be fondling the nurse...and made a comment to the Plaintiff that "nothing is better in life than sex and money." "Plaintiff was shunted off to a common room without the aid or assistance of anyone."
Jennifer's pathology report showed no fetal tissues, only "immature chorionic villi along with decidual tissue." After her abortion, Jennifer called the facility when she was unable to secure transportation to her follow-up visit, and was told "that there was no real need for me to come to the clinic, but that the follow-up visit was simply included as part of the original cash fee."
Jennifer turned out to still be pregnant, which the clinic failed to diagnose because they failed to examine her.
The clinic filed a motion to dismiss, stating "Since Ms. Doe alleges that she changed her mind and decided to keep her child, it is difficult to see how any of her allegations worked to her detriment. If the abortion had been successful, she would not have been able to change her mind and keep the child. Unintentionally she received more than the time she would receive by statute and should be grateful to the defendants for inadvertently making it possible for her to have her child."
This, of course, ignores the fact that this "conflicted" and confused young woman was needlessly subjected to ill-treatment and a risky and unnecessary medical procedure. However, the clinic succeeded, and the case was dismissed. (Knoxville News-Sentinel 10-4-92; Hamilton County Circuit Court Docket No. 92CV-1999)
Rhonda B. alleged in a 1991 suit that Dr. Ralph Robinson, over the age of 70 at the time, performed her abortion on March 2, 1990 at Chattannooga Women's Clinic. Rhonda said that Robinson appeared rushed and began the procedure immediately upon entering the room, giving Rhonda no time to ask questions.
Rhonda screamed in pain during the abortion. Afterward she was rushed to Erlanger Hospital, where she underwent emergency surgery for a ruptured uterus, lacerated intestines, and massive bleeding, potentially fatal.
The scalped head of the fetus was surgically removed from Rhonda's abdominal cavity.
Rhonda was hospitalized for seven days. her suit also states "Clinic's records show that the patient was in good condition after the recovery when in fact her very life was in danger," and that "Robinson did not maintain any privileges at any hospital in Hamilton County, Tennessee and was not able to admit [the patient] to a facility equipped to handle her life-threatening condition." Her suit also noted that Robinson did not contact the doctor treating Rhonda's complications to provide information or assistance. Robinson was also found to be "judgment proof" due to lack of malpractice insurance and transfer of assets out of his name. (US District Court, Eastern Tennessee District, Southern Division Case No. CIV-1-90-423; Hamilton County Circuit Court Docket Number 91CV-467)
I didn't write down the full cites in my notes for the following cases: Mary Sue W., in an August 1976 lawsuit, alleged serious injury, including loss of part of her intestines, after an abortion at CWC. Carol Ann B., in an October 1976 lawsuit, alleged outrageous conduct, "callous, indifferent, and willful neglect" in her treatment by CWC.
A woman I'll call "Keisha", in aMay 1981 lawsuit, alleged that she underwent an abortion at CWC. She suffered a 3 1/2 inch hole in uterus, fetal parts in her abdomen, and lacerated intestines. She required five hours of emergency lifesaving surgery. She settled out-of-court for $6,000. Tammy J., in an April 1989 lawsuit, alleged that the abortion at performed on her at CWC constituted conspiracy to commit assault and battery. She also was left with retained fetal parts, and faulted the clinic with failure to provide follow-up care.
Crystal B.'s lawsuit alleged infection, sterility, loss of ovary and fallopian tube, damage to other ovary and fallopian tube, after an abortion performed July 17, 1985, at CWC. Her case was dismissed due to the statute of limitations. (Associated Press 9-2-88)
An unnamed patient I'll call "Shenise" filed suit after April 20, 1988, abortion by Ralph Robinson at Chattanooga Women's Center. She alleged that she was not adequately informed of risks but was just given forms to sign without sufficient time to read them. She was told her $250 fee would not be refunded if she changed her mind about going through with the abortion. She was told to answer to a color rather than her name.
When she returned two weeks later for follow-up, the clinic was closed. Two months later she still felt pregnant, and was found to be 4 1/2 months pregnant; she experienced bleeding and pain and required emergency surgery. (Chattanooga News Free Press 4-21-89)
The affidavit of Marsha L. describes the following sequence of events:
Marsha arrived, checked in at the desk, and was given forms to sign.
Tne form stated that if she became uncooperative during the procedure, staff would refuse to proceed. Staff told her this was because parents sometimes bring in daughters who don't want the abortion and the girls "get pretty wild on them."
Marsha was told to answer to "Red One" rather than by her name.
Marsha was sent into another room to wait.
Marsha was called and given more forms and paid for the procedure. One form stated that if it turned out she was not pregnant, a portion of her money would be refunded.
Marsha was sent to a room for blood and urine tests.
Marsha was asked to disrobe and taken to a large room to wait with other patients.
Each patient wasbgiven a pill, and told it was to "relax you."
An hour later, the doctor arrived, and explained the procedure. Marsha did not understand but felt too intimidated by the presence of others to ask questions.
Marsha was never told the results of her pregnancy test, but was called back to another room for the procedure.
Marsha wanted to stop, but was told to stop "tensing up". The procedure was completed.
Marsha was taken to the other side of a curtain divider to sit on bean-bag chair, where she was given a cookie and "something like Gator-aid".
Marsha comforted a crying girl who was not being consoled by staff, then began crying herself "and couldn't stop".
Marsha asked staff about what was done with the aborted fetuses, and was told they were sent out for testing.
Marsha was asked to go to the bathroom after 5-10 minutes to have her bleeding checked, then to dress and depart.
Marsha saw another patient fall to floor and become ill, whereupon staff gave the patient a trash can to vomit into and left her on the floor.
(C3743 - Hamilton County Chancery Court Civil Action No. 62684)
Among alternatives for patient to check as their reason for having the abortion are "My parents want the abortion" and "My husband/boyfriend wants the abortion." (documents of Jennifer Doe)
The following deficiencies noted in surveys (I've put the most alarming ones in italics):
"Wrist, knee or foot controls not provided on lavatories used by physicians and nurses" (3-8-79)
no system for referring patients to other health care providers (3-8-79)
no emergency transfer arrangements (3-8-79)
lack of written job descriptions (3-8-79, 10-10-89)
lack of documentation of staff qualifications (10-10-89)
clean supplies kept uncovered in procedure room (6-18-87, 10-10-89)
empty oxygen tank in OR (10-10-89)
unwrapped speculums stored in examining table drawer (6-18-87)
"ambu bag dusty and dirty" (This is the bag they use if a patient stops breathing.) (6-18-87)
used disposable curettes stored on shelf with clean supplies (6-18-87)
blood in procedure table (10-10-89)
soiled linen on beds/gurneys (6-18-87, 10-10-89)
"ceiling leaks in alcove" (6-18-87)
holes in covers of waiting room chairs (10-10-89)
dirty vinyl floor trim molding (6-18-87)
dirty floor and equipment in lab (10-10-89)
cluttered, dirty utility room with dirty refrigerator and cabinets (10-10-89)
air vents dirty (6-18-87, 10-10-89)
"bed frames need cleaning" (6-18-87)
"out of date sterile instruments are in autoclave area" (6-18-87)
"food is stored in refrigerator with medications in open staff lounge area" (6-18-87)
"multidose vial of cyanocobalamin opened not dated" (6-18-87)
pHisoHex (used to wash staff hands before procedures) stored in alcohol bottle (6-18-87)
Betadine (used to swab patients' vaginas and cervixes before abortions) stored in unlabeled bottles (6-18-87)
no organized and approved quality assurance program (10-10-89, 4-26-90)
"no mechanism in place to report disciplinary action of the medical staff" (4-26-90)
"Sterile instruments in treatment room observed to have stains" (4-6-92)
infectious waste policies and contracts not available (4-6-92)
patient records lacking documentation of required testing for sexually transmitted diseases (10-10-89).
(Ambulatory Surgical Treatment Center Survey Form 3-12-87; Statement of Deficiencies and Plan of Correction 3-8-79, 5-22-85, 3-17-87, 6-18-87, 4-24-90, 4-16-91, 4-6-92, 4-5-93; Licensing Board Docket No. 17.17-D-89-1104A)
And this is just so ... ironic? What's the word I'm looking for? CWC was granted a waiver of the requirement that ambulatory surgical centers be located in buildings providing exclusively health care services; CWC shared a building with "a pest control company." (Statement of Deficiencies and Plan of Correction 3-8-79)
Seventeen plaintiffs joined the state of Tennessee in a suit against Chattanooga Women's Clinic, alleging failure to conform with medical malpractice insurance requirement, failure to obtain written informed consent, and failure to perform second-trimester abortions in a hospital. The Tennessee Attorney General had declared these requirements unconstitutional; the suit was an attempt to have the laws become enforceable. The suit was dismissed on numerous technical grounds, including that plaintiff Rhonda B's abortion injuries were not directly caused by the state's failure to enforce the laws. (US District Court, Eastern Tennessee District, Southern Division Case No. CIV-1-90-423)
The state scheduled a hearing to decide whether to revoke the clinic's license for failing to carry the required $2 million malpractice insurance. The clinic administrator's assistant was quoted as saying that a law setting higher standards for abortion clinics "will not affect us. We usually abide by every rule that's set up. You have to meet standards set by the state and we always do." (Chattanooga News-Free Press and Associated Press 9-19-89)
If you believe that, you probably also believe that the Cadbury Bunny lays Creme Eggs.
Chattanooga Women's Clinic was owned by Sue Crawley -- see East Tennessee Women's Clinic.
Beverly Ann Moore, age 15, died after an abortion performed July 11, 1975 by Tucky Hayes.
A woman identified as Jennifer said she was very conflicted over her decision to abort. Staff at Chattanoooga Women's Clinic would not let her view her ultrasound because clinic policy forbade it. Jennifer was not spoken to by name at the clinic but was told to answer to "Lime 5." Jennifer perceived no staff available to answer her questions.
According to her lawsuit, "Plaintiff was herded together with a number of other women into a room and told that she would experience cramping after the procedure and minimal bleeding.... Plaintiff was treated in an assembly line fashion and was placed in a room with 20 or more women."
Jennifer was not given copies of consent form that she signed, and "was never advised about potential complications...in terms that she could understand." The state-mandated 48-hour waiting period was not observed.
Dr. Ed Perry appeared to perform the abortion "with his shirt unbuttoned, with his chest hair exposed." "During the abortion procedure, Ed Perry continued to use profanity and repeatedly used the word 'fu__.'"
Jennifer's suit also noted, "Perry appeared to be fondling the nurse...and made a comment to the Plaintiff that "nothing is better in life than sex and money." "Plaintiff was shunted off to a common room without the aid or assistance of anyone."
Jennifer's pathology report showed no fetal tissues, only "immature chorionic villi along with decidual tissue." After her abortion, Jennifer called the facility when she was unable to secure transportation to her follow-up visit, and was told "that there was no real need for me to come to the clinic, but that the follow-up visit was simply included as part of the original cash fee."
Jennifer turned out to still be pregnant, which the clinic failed to diagnose because they failed to examine her.
The clinic filed a motion to dismiss, stating "Since Ms. Doe alleges that she changed her mind and decided to keep her child, it is difficult to see how any of her allegations worked to her detriment. If the abortion had been successful, she would not have been able to change her mind and keep the child. Unintentionally she received more than the time she would receive by statute and should be grateful to the defendants for inadvertently making it possible for her to have her child."
This, of course, ignores the fact that this "conflicted" and confused young woman was needlessly subjected to ill-treatment and a risky and unnecessary medical procedure. However, the clinic succeeded, and the case was dismissed. (Knoxville News-Sentinel 10-4-92; Hamilton County Circuit Court Docket No. 92CV-1999)
Rhonda B. alleged in a 1991 suit that Dr. Ralph Robinson, over the age of 70 at the time, performed her abortion on March 2, 1990 at Chattannooga Women's Clinic. Rhonda said that Robinson appeared rushed and began the procedure immediately upon entering the room, giving Rhonda no time to ask questions.
Rhonda screamed in pain during the abortion. Afterward she was rushed to Erlanger Hospital, where she underwent emergency surgery for a ruptured uterus, lacerated intestines, and massive bleeding, potentially fatal.
The scalped head of the fetus was surgically removed from Rhonda's abdominal cavity.
Rhonda was hospitalized for seven days. her suit also states "Clinic's records show that the patient was in good condition after the recovery when in fact her very life was in danger," and that "Robinson did not maintain any privileges at any hospital in Hamilton County, Tennessee and was not able to admit [the patient] to a facility equipped to handle her life-threatening condition." Her suit also noted that Robinson did not contact the doctor treating Rhonda's complications to provide information or assistance. Robinson was also found to be "judgment proof" due to lack of malpractice insurance and transfer of assets out of his name. (US District Court, Eastern Tennessee District, Southern Division Case No. CIV-1-90-423; Hamilton County Circuit Court Docket Number 91CV-467)
I didn't write down the full cites in my notes for the following cases:
Mary Sue W., in an August 1976 lawsuit, alleged serious injury, including loss of part of her intestines, after an abortion at CWC.
Carol Ann B., in an October 1976 lawsuit, alleged outrageous conduct, "callous, indifferent, and willful neglect" in her treatment by CWC.
A woman I'll call "Keisha", in aMay 1981 lawsuit, alleged that she underwent an abortion at CWC. She suffered a 3 1/2 inch hole in uterus, fetal parts in her abdomen, and lacerated intestines. She required five hours of emergency lifesaving surgery. She settled out-of-court for $6,000.
Tammy J., in an April 1989 lawsuit, alleged that the abortion at performed on her at CWC constituted conspiracy to commit assault and battery. She also was left with retained fetal parts, and faulted the clinic with failure to provide follow-up care.
Crystal B.'s lawsuit alleged infection, sterility, loss of ovary and fallopian tube, damage to other ovary and fallopian tube, after an abortion performed July 17, 1985, at CWC. Her case was dismissed due to the statute of limitations. (Associated Press 9-2-88)
An unnamed patient I'll call "Shenise" filed suit after April 20, 1988, abortion by Ralph Robinson at Chattanooga Women's Center. She alleged that she was not adequately informed of risks but was just given forms to sign without sufficient time to read them. She was told her $250 fee would not be refunded if she changed her mind about going through with the abortion. She was told to answer to a color rather than her name.
When she returned two weeks later for follow-up, the clinic was closed. Two months later she still felt pregnant, and was found to be 4 1/2 months pregnant; she experienced bleeding and pain and required emergency surgery. (Chattanooga News Free Press 4-21-89)
The affidavit of Marsha L. describes the following sequence of events:
- Marsha arrived, checked in at the desk, and was given forms to sign.
- Tne form stated that if she became uncooperative during the procedure, staff would refuse to proceed. Staff told her this was because parents sometimes bring in daughters who don't want the abortion and the girls "get pretty wild on them."
- Marsha was told to answer to "Red One" rather than by her name.
- Marsha was sent into another room to wait.
- Marsha was called and given more forms and paid for the procedure. One form stated that if it turned out she was not pregnant, a portion of her money would be refunded.
- Marsha was sent to a room for blood and urine tests.
- Marsha was asked to disrobe and taken to a large room to wait with other patients.
- Each patient wasbgiven a pill, and told it was to "relax you."
- An hour later, the doctor arrived, and explained the procedure. Marsha did not understand but felt too intimidated by the presence of others to ask questions.
- Marsha was never told the results of her pregnancy test, but was called back to another room for the procedure.
- Marsha wanted to stop, but was told to stop "tensing up". The procedure was completed.
- Marsha was taken to the other side of a curtain divider to sit on bean-bag chair, where she was given a cookie and "something like Gator-aid".
- Marsha comforted a crying girl who was not being consoled by staff, then began crying herself "and couldn't stop".
- Marsha asked staff about what was done with the aborted fetuses, and was told they were sent out for testing.
- Marsha was asked to go to the bathroom after 5-10 minutes to have her bleeding checked, then to dress and depart.
- Marsha saw another patient fall to floor and become ill, whereupon staff gave the patient a trash can to vomit into and left her on the floor.
(C3743 - Hamilton County Chancery Court Civil Action No. 62684)Among alternatives for patient to check as their reason for having the abortion are "My parents want the abortion" and "My husband/boyfriend wants the abortion." (documents of Jennifer Doe)
The following deficiencies noted in surveys (I've put the most alarming ones in italics):
- "Wrist, knee or foot controls not provided on lavatories used by physicians and nurses" (3-8-79)
- no system for referring patients to other health care providers (3-8-79)
- no emergency transfer arrangements (3-8-79)
- lack of written job descriptions (3-8-79, 10-10-89)
- lack of documentation of staff qualifications (10-10-89)
- inoperable emergency lighting (3-8-79, 3-12-87, 3-17-87, 4-5-93)
- fire extinguishers out-of-date (3-17-87)
- numerous fire-safety violations (6-18-87, 10-10-89, 4-24-90, 4-16-91, 4-6-92, 4-5-93)
- re-use of disposable curettes (3-12-87)
- medications out-of-date (5-22-85, 3-12-87, 3-17-87, 10-10-89, 4-6-92)
- outdated IV solution (10-10-89)
- medications improperly stored (3-8-79, 3-12-87, 3-17-87, 6-18-87)
- clean supplies kept uncovered in procedure room (6-18-87, 10-10-89)
- empty oxygen tank in OR (10-10-89)
- unwrapped speculums stored in examining table drawer (6-18-87)
- "ambu bag dusty and dirty" (This is the bag they use if a patient stops breathing.) (6-18-87)
- used disposable curettes stored on shelf with clean supplies (6-18-87)
- blood in procedure table (10-10-89)
- soiled linen on beds/gurneys (6-18-87, 10-10-89)
- "ceiling leaks in alcove" (6-18-87)
- holes in covers of waiting room chairs (10-10-89)
- dirty vinyl floor trim molding (6-18-87)
- dirty floor and equipment in lab (10-10-89)
- cluttered, dirty utility room with dirty refrigerator and cabinets (10-10-89)
- air vents dirty (6-18-87, 10-10-89)
- "bed frames need cleaning" (6-18-87)
- "out of date sterile instruments are in autoclave area" (6-18-87)
- "food is stored in refrigerator with medications in open staff lounge area" (6-18-87)
- "multidose vial of cyanocobalamin opened not dated" (6-18-87)
- pHisoHex (used to wash staff hands before procedures) stored in alcohol bottle (6-18-87)
- Betadine (used to swab patients' vaginas and cervixes before abortions) stored in unlabeled bottles (6-18-87)
- no organized and approved quality assurance program (10-10-89, 4-26-90)
- "no mechanism in place to report disciplinary action of the medical staff" (4-26-90)
- "Sterile instruments in treatment room observed to have stains" (4-6-92)
- infectious waste policies and contracts not available (4-6-92)
- patient records lacking documentation of required testing for sexually transmitted diseases (10-10-89).
(Ambulatory Surgical Treatment Center Survey Form 3-12-87; Statement of Deficiencies and Plan of Correction 3-8-79, 5-22-85, 3-17-87, 6-18-87, 4-24-90, 4-16-91, 4-6-92, 4-5-93; Licensing Board Docket No. 17.17-D-89-1104A)And this is just so ... ironic? What's the word I'm looking for? CWC was granted a waiver of the requirement that ambulatory surgical centers be located in buildings providing exclusively health care services; CWC shared a building with "a pest control company." (Statement of Deficiencies and Plan of Correction 3-8-79)
Seventeen plaintiffs joined the state of Tennessee in a suit against Chattanooga Women's Clinic, alleging failure to conform with medical malpractice insurance requirement, failure to obtain written informed consent, and failure to perform second-trimester abortions in a hospital. The Tennessee Attorney General had declared these requirements unconstitutional; the suit was an attempt to have the laws become enforceable. The suit was dismissed on numerous technical grounds, including that plaintiff Rhonda B's abortion injuries were not directly caused by the state's failure to enforce the laws. (US District Court, Eastern Tennessee District, Southern Division Case No. CIV-1-90-423)
The state scheduled a hearing to decide whether to revoke the clinic's license for failing to carry the required $2 million malpractice insurance. The clinic administrator's assistant was quoted as saying that a law setting higher standards for abortion clinics "will not affect us. We usually abide by every rule that's set up. You have to meet standards set by the state and we always do." (Chattanooga News-Free Press and Associated Press 9-19-89)
If you believe that, you probably also believe that the Cadbury Bunny lays Creme Eggs.
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